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Terms of Service

Effective date: 24 December 2022

0. Definitions

In the event of any conflicts between the definitions defined here and the Agreement below, the definitions defined here shall prevail.

1. Acknowledgement

The Terms of Service governs the use of OneLoveIPFS hosting services. Violation of the Terms of Service may result in suspension or termination of your Service. In the event of a dispute between you and OneLoveIPFS regarding the interpretation of the Terms of Service, OneLoveIPFS interpretation, in its reasonable commercial judgment, shall govern.

This Agreement does not apply to you if you are only using the source code available at https://github.com/oneloveipfs. Instead, the terms contained in the LICENSE file provided in each repository shall apply.

If you are accepting this Agreement and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement. By accessing our Service, you agree that you have read, understood and accepted this Agreement.

2. Privacy Policy

Please refer to our Privacy Policy (available at https://github.com/oneloveipfs/ipfsVideoUploader/blob/master/docs/Privacy.md) for information about how we collect, use and disclose information about you.

3. Eligibility

The Service is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to access or use of the Service. If you are between 13 and 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and other content supplied by us, the blockchains or our licensors, which we call "Contents".

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Contents for your personal use. You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

5. Trademark Policy

"OneLoveIPFS", the OneLoveIPFS logo and any other product or service names, logos or slogans that may appear on OneLoveIPFS are trademarks of OneLoveIPFS and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "OneLoveIPFS" or any other name, trademark or product or service name of OneLoveIPFS without our prior written permission. In addition, the look and feel of OneLoveIPFS, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of OneLoveIPFS and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or used on OneLoveIPFS are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by OneLoveIPFS.

6. Assumption of Risk, Limitations on Liability.

  1. You accept and acknowledge that there are risks associated with utilizing an Internet-based blockchain account service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within or associated with your Account, including, but not limited to your Private Key. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.

  2. We make no representation or warranty of any kind, express or implied, statutory, or otherwise, regarding the contents of the Service, information and functions made accessible through the Service, any hyperlinks to third-party websites, nor for any breach of security associated with the transmission of information through the Service or any website linked to by the Service.

  3. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) User error such as lost Private Key(s), incorrectly constructed transactions, or mistyped blockchain addresses; (b) Server failure or data loss; (c) Corrupted Account files; (d) Unauthorized access to applications; (e) Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Service or Services.

  4. We make no warranty that the Service or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Service.

  5. Subject to Section 7 of the Terms, any and all indemnities, warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted.

  6. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.

  7. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under United States law.

7. Agreement to Hold this Site's Operators Harmless

You agree to hold harmless this site (and its operators) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable legal fees, arising out, or relating to:

  1. Your use of, or conduct in connection with, our Services;
  2. Your violation of any term in this Agreement; or
  3. Violation of any rights of any other person or entity.

If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we will pursue a settlement of any action or proceeding.

8. No Liability for Third-Party Services and Content

In using our Service, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred because of any such dealings and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

9. Account Registration

  1. You need not use a Blockchain Account provided by us, and you can create a Blockchain Account independently of the Service. If you would like to use certain parts of the Service, you must create an Account. When you create an Account, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to, and/or control over, your Account:

    1. Provide accurate and truthful information;
    2. Maintain the security of your Account by protecting your Private Key and access to your computer and your Account;
    3. Promptly notify us if you discover or otherwise suspect any security breaches related to your Account.
  2. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.

  3. You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to the Services that you use and your Account, which could result in the theft or loss of your property. By using the Service or accessing Content, you acknowledge these inherent risks.

10. The Services

  1. As described in more detail below, the Services, among other things, provide software that facilitates the submission of Transaction data to the Blockchains without requiring you to access the Blockchains' command line interface.

  2. No Private Key Retrieval. We do not receive or store your Private Keys. Your Private Key is your own and you are solely responsible for their safekeeping. We cannot assist you with Private Key retrieval, reset, or recovery. You are solely responsible for storage of your Private Key(s). If you have not safely stored a backup of any Private Key(s) associated with your Blockchain Accounts, you accept and acknowledge that any Assets that you have associated with such Blockchain Accounts will be permanently inaccessible if you do not have your Private Key.

  3. Transactions. All proposed Transactions must be confirmed and recorded on the Blockchains via the distributed consensus networks (peer-to-peer networks), which is not owned, controlled, or operated by us. The Blockchains operated by decentralized networks of independent third parties. We have no control over the Blockchains and therefore cannot and will not ensure that any transaction details you submit via the Services will be confirmed on the Blockchains. You acknowledge and agree that the transaction details you submit via the Services may not be completed, or may be substantially delayed, by the Blockchains. You may use the Services to submit these details to the Blockchains.

  4. No Storage or Transmission of Blockchain Assets. These Assets are an intangible, digital asset controlled by you. They exist only by virtue of the ownership record maintained on the Blockchains. The Service does not store, send, or receive Blockchain Assets. Any transfer of title that might occur in any Asset occurs on the Blockchains and not within the Services. We do not guarantee that the Service can affect the transfer of title or right in any Asset.

  5. Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.

  6. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any blockchain transaction initiated via the Services, for instance, if you mistype an Account name or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.

  7. No Cancellations or Modifications. Once transaction details have been submitted to the Blockchains via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the Blockchains and do not have the ability to facilitate any cancellation or modification requests.

  8. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Service, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the we are not responsible for determining whether taxes apply to your Transaction(s) or for collecting, reporting, withholding, or remitting any taxes arising from any Transaction.

11. Fees for Using the Services

  1. Fees for accessing data stored on the Service. We currently do not charge any fees for Services in connection accessing data stored on the Service, however we reserve the right to do so in future, and in such case any applicable fees will be displayed prior to you using any Service to which a fee applies.

  2. Fees for storing data on the Service. The fees for data storage on the Service is displayed in the "Account Details" page on the Website after logging into your Account. This fee incurs daily in form of daily deductions of GBDays from your Account. GBDays may be purchased from us by going through the "Signup" or "Refill" pages within the Website.

12. No Right to Cancel and/or Reverse Transaction(s)

If you use the Service to perform any Transaction on the Blockchain(s), you will not be able to change your mind once you have confirmed that you wish to proceed with the Transaction.

13. Files Uploaded to Decentralized File Sharing Protocols

The Service may upload your files that you may have uploaded or provided to the Service, to Decentralized File Sharing Protocols ("DFSP").

  1. These protocols are not owned, controlled, or operated by us. They are peer-to-peer protocols where anyone, with the required resources, may participate by being a DFSP Node Operator.
  2. DFSP Node Operators may retrieve, store and seed any files they choose, to and from other DFSP Node Operators. A DFSP Node Operator may also choose to remove any files from their DFSP Node during their duration of the node operation.
  3. OneLoveIPFS is a DFSP Node Operator as part of the Service.
  4. You may request the files that you have provided to us that have been uploaded to DFSP to be removed from our Systems at any time, for any reason by contacting us using the details at the end of the Agreement, providing us the File Hash of the file you want to request to be removed.
  5. Even if the file has been completely removed from our Systems, the file might still be present in the DFSP and retriveable through Public Gateways by its File Hash. OneLoveIPFS does not operate nor have any control over them.

14. Discontinuation of Services.

We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of any data uploaded to our Service.

15. Suspension or Termination of Service.

  1. We may suspend or terminate your access to the Service in our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such without cost to you, including, for instance, if you breach any term of this Agreement.

  2. You may also request your Account and its associated data to be removed from the Service by contacting us by using the details at the end of this Agreement.

  3. In an event of termination of your access to the Service due to violation of Terms of Service, no refund of any fees paid shall be provided.

16. Offensive Content

You may NOT publish or transmit via the Service any content that OneLoveIPFS reasonably believes:

  1. Constitutes child pornography;
  2. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  4. Is defamatory or violates a person’s privacy
  5. Creates a risk to a person’s safety or health, compromises national security, or interferes with a investigation by law enforcement;
  6. Improperly exposes trade secrets or other confidential or proprietary information of another person;
  7. Is intended to assist others in defeating technical copyright protections;
  8. Clearly infringes on another person’s trade or service mark, patent, or other property right;
  9. Promotes illegal drugs, violates export control laws, relates to gambling, or arms trafficking;
  10. Content not abiding by Community Standards;
  11. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to OneLoveIPFS; or
  12. Is otherwise malicious, fraudulent, or may result in retaliation against OneLoveIPFS by offended viewers.

Content published or transmitted via the Service includes videos, images, chat, and any other type of posting or transmission that relies on any Internet service provided by OneLoveIPFS.

17. Not Safe For Work (NSFW) Content

Content(s) that are deemed as not safe for work (NSFW) are not allowed on the Service, unless prior approval has been granted by OneLoveIPFS.

18. User Conduct

When accessing or using the Service, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Service. Without limiting the generality of the foregoing, you agree that you will NOT:

  1. Access to or use of the Systems, including any attempt to probe, scan or test the vulnerability of the Systems or to breach security or authentication measures (including those belonging to us and its customers) without Our express authorization.
  2. Monitor data or traffic on Our Systems without Our authorization.
  3. Use an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their Private Key), Private Key theft, security hole scanning and port scanning.
  4. Use or attempt to use another user’s Account without authorization
  5. Forge any TCP‐IP packet header or any part of the header information.
  6. Any conduct that is likely to result in retaliation against the Service.
  7. Use of the Service in a way that unreasonably interferes with OneLoveIPFS other customers use of the Service.
  8. Attack, make threats or act in an inappropriate manner towards OneLoveIPFS staff.

19. Security

  1. You must take reasonable security precautions. You must protect the confidentiality of your Private Key, and you should change your Private Key of your Blockchain Accounts periodically.
  2. OneLoveIPFS will perform its best to safeguard its Systems to provide the Service. However, we cannot provide any guarantee that any measures taken are fully secure against any form of attacks.

You may not publish, distribute, or otherwise copy in any manner any videos, music, software, art, or other work protected by copyright law unless:

  1. You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
  2. You are otherwise permitted by established United States copyright law to copy the work in that manner.

OneLoveIPFS will terminate the Service of repeat copyright infringers.

  1. We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove access to user content provided via the Service that we deem to be infringing the copyright of others.

  2. If you believe your copyright is being infringed by a person using the Service, please submit a properly formatted DMCA request (see 17 U.S.C. § 512) to graylan00@protonmail.com. Your notice must include the following:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OneLoveIPFS to locate the material.
    • Information reasonably sufficient to permit OneLoveIPFS to contact you, such as an address, telephone number, and, if available, an e‐mail address.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA.

  4. Your right to file a counter-notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can end a counter-notice to our Copyright Agent (contact information provided above) that includes the following:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
    • A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
    • Your name, address, and telephone number, and a statement that you.
  5. Consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

  6. Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on the Service before that period passes, we will consider restoring your user content to the Service.

  7. It is our policy to deny use of the Service to users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

  8. As stated in Section 13.5 of the Terms, the infringing content that was uploaded to DFSP might continue to be retriveable through Public Gateways. We recommend submitting a similar DMCA takedown request to the operators of the Public Gateways.

22. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONELOVEIPFS AND THE ONELOVEIPFS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. ONELOVEIPFS DOES NOT REPRESENT OR WARRANT THAT ONELOVEIPFS AND THE ONELOVEIPFS CONTENT: (A) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND (C) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ONELOVEIPFS AND THE ONELOVEIPFS CONTENT IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONELOVEIPFS OR THE ONELOVEIPFS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, OR INABILITY TO USE, ONELOVEIPFS OR THE ONELOVEIPFS CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ONELOVEIPFS OR THE ONELOVEIPFS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO: (A) THE USE OF OR INABILITY TO USE ONELOVEIPFS OR THE ONELOVEIPFS CONTENT; OR (B) THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ONELOVEIPFS FOR ACCESS TO OR USE OF ONELOVEIPFS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

24: For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

25. Modifications to OneLoveIPFS

OneLoveIPFS reserves the right to modify or discontinue, temporarily or permanently, OneLoveIPFS, or any features or portions of OneLoveIPFS, without prior notice. You agree that OneLoveIPFS will not be liable for any modification, suspension or discontinuance of OneLoveIPFS, or any part of OneLoveIPFS.

26. Severability

If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

27. Changes

This Agreement is the entire agreement between you and us concerning the Service. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide notice and keep this edition available as an archive. By continuing to use the Services after a change to this agreement, you agree to those changes.

28. Contact Details

If you have any questions regarding the Terms of Service, contact graylan00@protonmail.com.